Husky Injection Molding Systems Shanghai Ltd & Ors. Vs Union of India & Ors. (Delhi High Court)
Delhi High Court held that the system of imposition of anti-dumping duty does not end with the disclosure statement being published. Thus, held that the writ petitions cannot be held to be not maintainable at the stage of the disclosure statement.
Facts- Respondent No.2, the Designated Authority, Directorate General of Trade Remedies, vide initiation Notification No.6/09/2024-DHTR dated 29th March, 2024 commenced an anti dumping investigation into imports of Plastic Processing Machines originating in or exported from China and Taiwan. The investigation had been commenced at the behest of the domestic industries being Respondent Nos. 4 to 8 in the present petition. The questionnaire responses were sought by the designated authority in response to the notice issued, calling upon interested parties. Petitioners were required to file their responses being such interested parties.
In the first round of challenge, there was a delay in the filing of the said response by the Petitioners for which the deadline was 17th August, 2024 and hence the response was rejected by the designated authority. A writ petition came to be filed before this Court.
Thereafter, the response of the Petitioners appears to have been taken by the designated authority and the disclosure statement has accordingly been published on 13th March, 2025. Notably, certain portion of disclosure statement has been challenged by the petitioners primarily on the ground that the verification of the material filed by the Petitioners has not been done in accordance with law.
